Fee

A reward or wages given to one for the execution of his office, or for professional services, as those of a counsellor or physician.

Cowell.

Fees differ from costs in this, that the former are, as above mentioned, a recompense to the officer for his services; and the latter, an indemnification to the party for money laid out and expended in his suit.

11 Serg. & R. (Pa.) 248; 9 Wheat. (U. S.) 262. See 4 Bin. (Pa.) 267.

That which is held of some superior on condition of rendering him services. A fee is defined by Spelman (Feuds, c. 1) as the right which the tenant or vassal has to the use of lands, while the absolute property remained in a superior. But this early and strict meaning of the word speedily passed into its modern signification of an estate of inheritance.

2 Bl.. Comm. 106; Cowell; Termes ^e la Ley; 1 Washb. Real Prop. 51; Co. Litt. lb; 1 Prest. Est. 420; 3 Kent, Comm. 514.

The term may be used of other property as well as lands.

Old Nat. Brev. 41.

The term is generally used to denote as well the land itself so held as the estate in the land, which seems to be its stricter meaning.

Wright, Ten. 19, 49; Cowell.

The' word "fee" is explained to signify that the land or other subject of property belongs to its owner, and is transmissible, in the case of an individual, to those whom the law appoints to succeed him, under the appellation of "heirs;" and, in the case of corporate bodies, to those who are to take on themselves the corporate function, and, from the manner in which the body is to be continued, are denominated "successors." 1 Co. Litt. 271b; Wright, Ten. 147, 150; 2 Bl. Comm. 104, 106; Bouv. Inst. Index. Sometimes used for "fee simple." The compass or circuit of a manor or lordship.

Cowell.

Fee Simple

An estate belonging to a The word "simple" adds no meaning to the word "fee," standing by itself. But it excludes all qualification or restriction as to the persons who may inherit it as heirs, thus distinguishing it from a fee tail, as well as from an estate which, though inheritable, is subject to conditions or collateral determination.

1 Washb. Real Prop. 51; Wright, Ten. 146; 1 Prest. Est. 420; Litt. § 1.

It is the largest possible estate which a man can have, being an absolute estate in perpetuity. It is where lands are given to a man and to his heirs absolutely without any end or limitation put to the estate.

Plowd. 557; Atk. Conv. 183; 2 Sharswood, Bl. Comm. 106.

Fee Tail

One limited to particular classes of heirs. An inheritable estate which can descend to certain classes of heirs only. It is necessary that they should be heirs "of the body" of the ancestor. It corresponds with the feudum talliatum of the feudal law. The estate itself is said to have been derived from the Roman system of restricting estates.

1 Spence, Eq. Jur. 21; 1 Washb. Real Prop. 66; 2 Bl. Comm. 112, note. See, also, 2 Inst. 333; White & T. Lead, Cas. 607; 4 Kent, Comm. 14 et seq.

Determinable Fee

One which is liable to be determined, but which may continue forever.

1 Plowd. 557; Shep. Touch. 97; 2 Bl. Comm. 109; Cro. Jac. 593; 10 Viner, Abr. 133; Fearne, Cont. Rem. 187; 3 Atk. 74; Ambl. 204; 9 Mod. 28.

See "Determinable Fee." Qualified Fee. An interest given to a man and certain of his heirs at the time of its limitation.

Litt. § 254; Co. Litt. 27a, 220; 1 Prest. Est. 449.

See "Qualified Fee." Conditional Fee. This includes one that is either to commence or determine on some condition.

10 Coke, 95b; Prest. Est. 476; Fearne, Cont. Rem. 9.

See "Condition."

See Condition.